JOURNAL OF THE 1226TH MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT JANUARY 12, :00 P.M.

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1 {to 1^ JOURNAL OF THE 1226TH MEETNG OF THE BOARD OF TRUSTEES THE METROPOLTAN ST. LOUS SEWER DSTRCT JANUARY 12, :00 P.M. The Trustees of the District met in the Board Room at 2 Hampton Avenue on the above date: Present at meeting: Board of Trustees D. T. C, T. R. T. M. M. A. R. Jones, Chairman Carney Deeba Matheny Gastorf, excused Staff Members F. G. Kriz, Executive Director C. M. Etwert, Asst. Executive Director J. M. Byrne, General Counsel K. J. Tyminski, Secretary-Treasurer N. F. Stevens, Director of Finance Also present were George Sabre, 40 Forestvale Dr., Chesterfield, MO; Jerry Cavanaugh, 4734 Alaska, St. Louis, MO; Walt Droege, 8418 Rosalind Ct., St. Louis, MO; Pat Humfeld, 1218 Russell, St. Louis, MO; Vera Falk, Task Force; Diana Schmidt, Peper, Martin, Jensen, Maichel & Hetlage; Bill Guinther, Parkway School District; Bob Rawie, 106 Meadow Ln., Eureka, MO; M. Francis Svendrowski, 6305 Bancroft, St. Louis, MO; Sandy Rothschild, Missouri Growth Association; George Swinehart, Anheuser Busch; Bruce K. Hollinger, Redcoat Dr., Maryland Heights, MO; Bill Bass and Al Owen, McDonnell Douglas; Gene Reese, 9818 Conway Rd., St. Louis, MO; Jeff Winter, Charlotte Nenninger & Larry Rubin, Rubin, Brown, Gornstein & Co.; Sandra Kolde, Hospital Association of Metro St. Louis; Tim Bates, Bates Utility Company; Napoleon Cosby, 5922 Pamplin, St. Louis, MO; Jean Dean, League of Women Voters; Doug Goodman, Gravois, St. Louis, MO; Letitia Taylor and Rosemarie McDowell, AFSCME 410; Ken Karsten, Karsten Equipment Company; Dick Pikey, Associated General Contractors; John Bremner and Phil Sutin, St. Louis Post-Dispatch; Scott Simon, St. Louis News Plus; Jim Rygelski, Journal Newspapers; Randy Jackson, KSDK Newschannel 5; Mark Cox, KMOV Television Channel 4; Terry Briggs, Director of Communications; R. G. Butchko, Director of Engineering; Kent Florence, Watershed Manager; Ronald Martin, Assistant Director of Finance; D. P. Moschenross, Director of Administration; R. D. Peasley, nternal Auditor; John Siener, Assistant Secretary-Treasurer; Beverly Vaughn, Director of Personnel; Roger Wieting, Director of Wastewater; and Jo Ann Keating, Secretary to the Board of Trustees. Chairman Jones presided. read. Journal of the raeeting of December 14, 1993 (1225th) was presented and Motion made by Mr. Deeba, seconded by Mr. Matheny, approved as read. that same be No discussion. Motion passed - 4 ayes, no nays.

2 Mr. Jones indicated that he would be resigning from the Board effective January 30, 1994 due to personal reasons and that his resignation should not be misconstrued as a lack of faith in this Board and the work being done by MSD. He hoped that prior to January 30 the Board could structure a ballot issue. Chairman Jones called on Mr. George Sabre, who had requested to address the Board. Mr. Sabre expressed his concern regarding various issues where he felt the District could be in violation of its 1954 Charter. Chairman Jones called on Mr. Jerry Cavanaugh, who had requested to address the Board. Mr. Cavanaugh, an MSD employee, indicated he heard a rumor about the District having a hiring freeze. The Board responded that because of the various uncertainties facing the District, the District did indeed have a hiring freeze. Mr. Cavanaugh questioned if the District would be using the services of outside legal counsel. Mr. Matheny indicated that the day to day work will be done in-house, and where special legal advice is needed, then outside counsel will be sought. Chairman Jones called on Kr. Francis Svendrowski, who had requested to address the Board. Mr. Svendrowski indicated that he felt that the 1992 rates of MSD were illegal and as such had not been paying his sewer bills. He further indicated that based on the recent court decision he was requesting that MSD take off any late charges and prepare a bill for that period based on their last legally valid rate. The Board indicated that they needed to discuss this issue with counsel. Chairman Jones called on Ms. Pat Humfeld, who had requested to address the Board. Ms. Humfeld raised some questions about changes in the District's budget over the past several years. She also cited several concerns regarding the needs document and implored the District to take their best year in which the District had adequate revenues and surplus and use that to extrapolate from that year a workable rate.

3 Chairman Jones called on Mr. Tom Sullivan, who had requested to address the Board. Mr. Sullivan expressed his reservations about the rationale for Mr. Jones' resignation. Messrs. Deeba and Carney supported Mr. Jones, noting that he had served with honor and dedication during his tenure. Mr. Sullivan indicated that since the District was experiencing a potential fiscal crisis why were they considering putting water meters in the City. Mr. Jones replied that his own personal feeling was for the Distrtct to fund the installation of the water meters, but have residents repay this over a 20 year period. Mr. Sullivan raised questions about five stormwater projects which were reported in the Webster-Kirkwood Times along Baptist Church Road. Mr. Briggs indicated that he was in error in releasing certain nformation regarding this story. Mr. Sullivan requested an accurate accounting of the legal costs associated with the Beatty case. Mr. Sullivan also asked that the District's nternal Auditor be used to review the cost of restoration from the 1993 flood. Several Board members noted that the cost of restoration was being handled by the insurance company who had a team of adjusters on site. Mr. Butchko made the attached presentation on the Cliff Cave drainage situation. ADOPTON OF PROPOSED ORDNANCE NO AUTHORZNG THE EXECUTVE DRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLTAN ST. LOUS SEWER DSTRCT TO ENTER NTO A CONTRACT WTH METROPOLTAN LFE NSURANCE COMPANY FOR THE DSTRCT'S EMPLOYEE GROUP LFE NSURANCE. Proposed Ordinance No , introduced December 14, 1993 by Messrs. Carney, Deeba, Matheny, Gastorf and Jones, was again presented and read, authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Metropolitan Life nsurance Company for the District's Eraployee Group Life nsurance. ADOPTON OF PROPOSED ORDNANCE NO TO EXTEND THE BOUNDARES OF THE METROPOLTAN ST. LOUS SEWER DSTRCT AND THE FEE FEE TRUNK SEWER SUBDSTRCT OF THE METROPOLTAN ST. LOUS SEWER DSTRCT TO NCLUDE AN AREA OF ST. LOUS COUNTY WHCH COULD BE EFFCENTLY SERVED BY THE SEWER OR DRANAGE FACLTES OF THE DSTRCT AND THE FEE FEE TRUNK SEWER SUBDSTRCT. Proposed Ordinance No , introduced December 14, 1993 by Messrs. Carney, Deeba, Matheny, Gastorf and Jones, was again presented and read, to

4 extend the boundaries of The Metropolitan St. Louis Sewer District and the Fee Fee Trunk Sewer Subdistrict of The Metropolitan St. Louis Sewer District to include an area of St. Louis County which could be efficiently served by the sewer or drainage facilities of the District and the Fee Fee Trunk Sewer Subdistrict. ADOPTON OF PROPOSED OEU)NANCE NO TO EXTEND THE BOUNDARES OF THE METROPOLTAN ST. LOUS SEWER DSTRCT AND THE FEE FEE TRUNK SEWER SUBDSTRCT OF THE METROPOLTAN ST. LOUS SEWER DSTRCT TO NCLUDE AN AREA OF ST. LOUS COUNTY WHCH COULD BE EFFCENTLY SERVED BY THE SEWER OR DRANAGE FACLTES OF THE DSTRCT AND THE FEE FEE TRUNK SEWER SUBDSTRCT. Proposed Ordinance No , introduced December 14, 1993 by Messrs. Carney, Deeba, Matheny, Gastorf and Jones, was again presented and read, to extend the boundaries of The Metropolitan St. Louis Sewer District and the Fee Fee Trunk Sewer Subdistrict of The Metropolitan St. Louis Sewer District to include an area of St. Louis County which could be efficiently served by the sewer or drainage facilities of the District and the Fee Fee Trunk Sewer Subdistrict. Motion made by Mr. Matheny, seconded by Mr. Deeba, that proposed Ordinance Nos , and be adopted. No discussion. Motion passed - 4 ayes, no nays. Poll taken: T. M. Carney - aye T. A. Matheny - aye C. M. Deeba - aye D. T. Jones - aye The Chairman declared proposed Ordinance Nos , and and they were assigned ordinance numbers as follows: Proposed Ord. No. Final Ord. No NTRODUCTON OF PROPOSED ORDNANCE NO APPROPRATNG $1, FROM THE CLEAN WATER CAPTAL MPROVEMENT TRUST FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTON OF THE BSSELL PONT ROADWAY MPROVEMENTS (BP-13B, 94033), AT THE BSSELL PONT WASTEWATER TREATMENT PLANT, N THE CTY OF ST. LOUS, MSSOUR; AND CONFRMNG A CONTRACT WTH ALTMAN- CHARTER COMPANY, FOR THE AFORESAD CONSTRUCTON. N COMPLANCE WTH SECTON OF THE PLAN OF THE DSTRCT. Proposed Ordinance No was presented and read, appropriating $1, from the Clean Water Capital mprovement Trust Fund to be used for project costs for the construction of the l Point Roadway mprovements (BP- 13B, 94033) at the l Point Wastewater Treatment Plant, in the City of St. Louis, Missouri; and confirming a contract with Altman-Charter Company, for the aforesaid construction, in compliance with Section of the Plan of the District.

5 This ordinance appropriates funds for the construction of final connecting roadways, sidewalks, shoulders, fencing, street lighting and signage. Altman-Charter Company was the lowest of 7 bidders at $1, Bids ranged from that low to a high of $1, The engineer's estimate was $1,271, The construction is a Consent Decree and Proposition "A" project and will be funded from the Clean Water Capital mprovement Trust Fund. Motion made by Mr. Carney, seconded by Mr. Matheny, for unanimous consent of all members present for introduction and final voting on proposed Ordinance No at this meeting. No discussion. Motion passed - 4 ayes, no nays. Poll taken: T. M. Carney - aye T. A. Matheny - aye C. M. Deeba - aye D. T. Jones - aye Motion made by Mr. Carney, seconded by Mr. Matheny, that proposed Ordinance No be adopted. No discussion. Motion passed - 4 ayes, no nays. Poll taken: T. M. Carney - aye T. A. Matheny - aye G. M. Deeba - aye D. T. Jones - aye The Chairman declared proposed Ordinance No adopted, and it was assigned Ordinance No NTRODUCTON AND ADOPTON OF PROPOSED ORDNANCE NO APPROPRATNG A TOTAL OF $1, TO BE FUNDED AS FOLLOWS: $358, FROM THE OPERATON, MANTENANCE AND CONSTRUCTON MPROVEMENT FUND OF COLDWATER CREEK, AND $791, FROM THE COLDWATER CREEK SEWER EXTENSON AND MPROVEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTON OF SANTARY SEWERS N UPPER COLDWATER CREEK SANTARY RELEF SECTON E PHASE B-2 (93083), N THE CTY OF ST. ANN, MSSOUR; AND CONFRMNG A CONTRACT WTH BATES UTLTY CO. FOR THE CONSTRUCTON OF THE AFORESAD SANTARY SEWERS, N COMPLANCE WTH SECTON OF THE PLAN OF THE DSTRCT. Proposed-Ordinance No was presented and read, appropriating a total of $1,150.00, to be funded as follows: $358, from the Operation, Maintenance and Construction mprovement Fund of Coldwater Creek, and $791, from the Coldwater Creek Sewer Extension and mprovement Fund to be used for project costs for the construction of sanitary sewers in Upper Coldwater Creek Sanitary Relief Section E Phase B-2 (93083), in the City of St. Ann, Missouri; and confirming a contract with Bates Utility Co. for the construction of the aforesaid sanitary sewers in compliance with Section of the Plan of the District. This ordinance appropriates funds for the construction of approximately 4,273 lineal feet of 8 inch to 48 inch sanitary sewer to be constructed in an area located north of St. Charles Rock Rd. and east of Cypress Rd. This is a high priority sanitary relief project funded entirely by the District. Bates Utility Co., nc. was the lowest of 5 bidders at $975, Bids ranged from that low to a high of $1,398, MSD's estimate was $1, We are asking for introduction and adoption to meet an easement agreement to complete construction work through the ball fields prior to Spring of 1994.

6 Motion made by Mr. Deeba, seconded by Mr. Carney, for unanimous consent of all members present for introduction and final voting on proposed Ordinance No at this meeting. No discussion. Motion passed - 4 ayes, no nays. Poll taken: T. M. Carney - aye T. A. Matheny - aye C. M. Deeba - aye D. T. Jones - aye Motion raade by Mr. Deeba, seconded by Mr. Carney, that proposed Ordinance No be adopted. No discussion. Motion passed - 4 ayes, no nays. Poll taken: T. M. Carney - aye T. A. Matheny - aye C. M. Deeba - aye D. T. Jones - aye The Chairman declared proposed Ordinance No adopted, and it was assigned Ordinance No NTRODUCTON AND ADOPTON OF PROPOSED ORDNANCE NO APPROPRATNG $282, FROM THE OPERATON, MANTENANCE AND CONSTRUCTON MPROVEMENT FUND OF WELLSTON TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTON OF STORM SEWERS N GLENCHORT-SALZMAN (87088), N THE CTY OF WELLSTON, MSSOUR; AND CONFRMNG A CONTRACT WTH CONCRETE DESGN, NC. FOR THE CONSTRUCTON OF THE AFORESAD STORM SEWERS. N COMPLANCE WTH SECTON OF THE PLAN OF THE DSTRCT. Proposed Ordinance No was presented and read, appropriating $282, from the Operation, Maintenance and Construction mprovement Fund of Wellston to be used for project costs for the construction of storra sewers in Glenchort - Salzman (87088), in the City of Wellston, Missouri; and confirming a contract with Concrete Design, nc. for the construction of the aforesaid storm sewers, in compliance with Section of the Plan of the District. This ordinance appropriates funds for the construction of approximately 839 lineal feet of 12 inch to 30 inch storm sewers in an area north of Martin Luther King Blvd. and east of Lucas and Hunt Rd. This is a high priority stormwater project funded entirely by MSD; Concrete Design, nc. was the lowest of 5 bidders at $196, Bids ranged from that low to a high of $287, MSD's estimate was $201, Motion made by Mr. Matheny, seconded by Mr. Carney, for unaniraous consent of all members present for introduction and final voting on proposed Ordinance No at this meeting. No discussion. Motion passed - 4 ayes, no nays. Poll taken: T. M. Carney - aye T. A. Matheny - aye C. M. Deeba - aye D. T. Jones - aye Motion made by Mr. Matheny, seconded by Mr. Carney, that proposed Ordinance No be adopted. No discussion. Motion passed - 4 ayes, no nays.

7 Poll taken: T. M. Carney - aye T. A. Matheny - aye C. M. Deeba - aye D. T. Jones - aye The Chairman declared proposed Ordinance No adopted, and it was assigned Ordinance No NTRODUCTON AND ADOPTON OF PROPOSED ORDNANCE NO VACATNG A SEWER EASEMENT N ADJUSTED LOT 106 OF BRENTMOOR PLACE PLAT ONE, A SUBDVSON N ST. LOUS COUNTY. MSSOUR, Proposed Ordinance No was presented and read, vacating a sewer easement in Adjusted Lot 106 of Brentmoor Place Plat One, a subdivision in St. Louis County, Missouri. The pool and pool deck at the rear of the subject property encroach on a ten foot easement thus excluding these improvements from title insurance coverage. The owners plan to list the property for sale in the near future and have asked for vacation of the easement to clear the title to the property. There are no sewers in the easement to be vacated and no future need for the easement. NTRODUCTON AND ADOPTON OF PROPOSED ORDNANCE NO APPROPRATNG $42, FROM THE MPROVEMENT FUND TO PAY THE STATE OF MSSOUR'S SHARE OF THE TOTAL COSTS FOR THE CONSTRUCTON OF STORM SEWERS N ADE ROAD, FEE FEE ROAD AND PARKWOOD LANE STORMWATER MPROVEMENT (P-18813), N THE CTY OF MARYAND HEGHTS, MSSOUR. Proposed Ordinance No was presented and read, appropriating $42, from the mprovement Fund to pay the State of Missouri's share of the total costs for the construction of storm sewers in Adie Road, Fee Fee Road and Parkwood Lane Storrawater mprovement (P-18813), in the City of Maryland Heights, Missouri. This ordinance appropriates funds to reimburse the City of Maryland Heights for the State of Missouri's share of the Adie Road, Fee Fee Road and Parkwood Lane Stormwater mprovement projects. These projects are located in various areas along Adie Road, Fee Fee Road and Parkwood Lane. This project consists of the construction of approximately 1,414 lineal feet of 12 inch to 48 inch storm sewer pipe and appurtenances. The total cost of each project is as follows: Adie Road - $32,033.00; Fee Fee Road - $44,192.00; Parkwood Lane $54,437.00; Total cost $130, This project was administered by the City of Maryland Heights, and was reviewed, approved and inspected by the District. NTRODUCTON AND ADOPTON OF PROPOSED ORDNANCE NO APPROPRATNG $5, FROM THE MPROVEMENT FUND TO PAY THE STATE OF MSSOUR'S SHARE OF THE TOTAL COSTS FOR THE CONSTRUCTON OF STORM SEWERS N AMTE LANE #11 STORM SEWER PROJECT (P-19197). N THE CTY OF MANCHESTER, MSSOUR. Proposed Ordinance No was presented and read, appropriating $5, frora the mprovement Fund to pay the State of Missouri's share of the total costs for the construction of storm sewers in Amitie Lane #11 Storm Sewer Project (P-19197), in the City of Manchester, Missouri.

8 This ordinance appropriates funds to reimburse the City of Manchester for the State of Missouri's share of the Amitie Lane #11 Storm Sewer project. This project is located north of Manchester Road and west of Baxter Road. This project consists of the construction of approximately 127 lineal feet of 15 inch diameter storm sewer pipe and appurtenances. The total cost of this project is $15, This project was administered by the City of Manchester, and was reviewed, approved and inspected by the District. NTRODUCTON AND ADOPTON OF PROPOSED ORDNANCE NO APPROPRATNG $10, FROM THE MPROVEMENT FUND TO PAY THE STATE OF MSSOUR'S SHARE OF THE TOTAL COSTS FOR THE CONSTRUCTON OF STORM SEWERS N CORNELA, PARK, EUNCE, FARVEW, KUHLMAN, N. FOREST STORMWATER PROJECT (P-17986), N THE CTY OF WEBSTER GROVES. MSSOUR. Proposed Ordinance No was presented and read, appropriating $10, from the mprovement Fund to pay the State of Missouri's share of the total costs for the construction of storm sewers in Cornelia, Park, Eunice, Fairview, Kuhlman, N. Forest Stormwater Project (P-17986), in the City of Webster Groves, Missouri. This ordinance appropriates funds to reimburse the City of Webster Groves for the State of Missouri's share of the Cornelia, Park, Eunice, Fairview, Kuhlman, North Forest State Stormwater Project. This project is located north of Big Bend and west of Hanley Road. This project consists of the construction of approximately 328 lineal feet of 12 inch to 24 inch diameter storm sewer pipe and appurtenances. The total cost of this project is $34, This project was administered by the City of Webster Groves, and was reviewed, approved and inspected by the District. NTRODUCTON AND ADOPTON OF PROPOSED ORDNANCE NO APPROPRATNG $7, FROM THE MPROVEMENT FUND TO PAY THE STATE OF MSSOUR'S SHARE OF THE TOTAL COSTS FOR THE CONSTRUCTON OF STORM SEWERS N BOMPART, E. GLEN, MASON STORMWATER PROJECT (P-17975), N THE GTY OF WEBSTER GROVES, MSSOUR. Proposed Ordinance No was presented and read, appropriating $7, from the mprovement Fund to pay the State of Missouri's share of the total costs for the construction of storm sewers in Bompart, E. Glen, Mason Stormwater Project (P-17975), in the City of Webster Groves, Missouri. This ordinance appropriates funds to reiraburse the City of Webster Groves for the State of Missouri's share of the Bompart, E. Glen, Mason Stormwater Project. This project is located north of Big Bend and west of Edgar Road. This project consists of the construction of approximately 371 lineal feet of 12 inch to 18 inch diameter storm sewer pipe and appurtenances. The total cost of this project is $22, This project was administered by the City of Webster Groves, and was reviewed, approved and inspected by the District.

9 NTRODUCTON AND ADOPTON OF PROPOSED ORDNANCE NO APPROPRATNG $11, FROM THE MPROVEMENT FUND TO PAY THE STATE OF MSSOUR'S SHARE OF THE TOTAL COSTS FOR THE CONSTRUCTON OF STORM SEWERS N FOOTE, SLOCUM, FRSCO, JONQUL, HOLLY STORMWATER PROJECT (P-18565, 18563, 18562, 18567), N THE CTY OF WEBSTER GROVES. MSSOUR. Proposed Ordinance No was presented and read, appropriating $11, from the mprovement Fund to pay the State.of Missouri's share of the total costs for the construction of storm sewers in Foote, Slocum, Frisco, Jonquil, Holly Stormwater Project (P-18565, 18563, 18562, 18567), in the City of Webster Groves, Missouri. This ordinance appropriates funds to reimburse the Ctty of Webster Groves for the State of Missouri' share of the Foote, Slocum, Frisco, Jonquil, Holly State Stormwater Project. This project is located in various areas within the City of Webster Groves. This project consists of the construction of approximately 244 lineal feet of 12 inch to 15 inch diameter storm sewer pipe and appurtenances. The total cost of this project is $33, This project was administered by the City of Webster Groves, and was reviewed, approved and inspected by the District. NTRODUCTON AND ADOPTON OF PROPOSED ORDNANCE NO APPROPRATNG $8, FROM THE MPROVEMENT FUND TO PAY THE STATE OF MSSOUR'S SHARE OF THE TOTAL COSTS FOR THE CONSTRUCTON OF STORM SEWERS N SELMA, SWON, STARK COURT STORMWATER PROJECT (P-17757). N THE CTY OF WEBSTER GROVES. MSSOUR. Proposed Ordinance No was presented and read, appropriating $8, from the mprovement Fund to pay the State of Missouri's share of the total costs for the construction of storm sewers in Selma, Swon, Stark Court Stormwater Project (P-17757), in the City of Webster Groves, Missouri. This ordinance appropriates funds to reimburse the City of Webster Groves for the State of Missouri's share of the Selma, Swon, Stark Court State Stormwater Project. This project is located north of nterstate 44 and west of Edgar Road. This project consists of the construction of approxiraately 454 feet of 12 inch to 18 in diameter storm sewer pipe and appurtenances. The total cost of this project is $25, This project was administered by the City of Webster Groves, and was reviewed, approved and inspected by the District. NTRODUCTON AND ADOPTON OF PROPOSED ORDNANCE NO APPROPRATNG $12.00 FROM THE MPROVEMENT FUND TO PAY THE STATE OF MSSOUR'S SHARE OF THE TOTAL COSTS FOR THE CONSTRUCTON OF STORM SEWERS N HGHVEW DRVE #243 BANK STABLZATON PROJECT (P-18533). N THE CTY OF BALLWN. MSSOUR. Proposed Ordinance No was presented and read, appropriating $12.00 from the mprovement Fund to pay the State of Missouri's share of the total costs for the construction of storm sewers in Highview Drive #243 Bank Stabilization Project (P-18533), in the City of Ballwin, Missouri. This ordinance appropriates funds to reimburse the City of Ballwin for the State of Missouri's share of the Highview Drive #243 Bank Stabilization Project. This project is located north of Manchester Road and east of Clarkson Road. This project consists of the construction of approximately 176 lineal feet

10 of gabion wall and appurtenances. The total cost of this project is $37, This project was administered by the Ctty of Ballwin, and was reviewed, approved and inspected by the District. NTRODUCTON AND ADOPTON OF PROPOSED ORDNANCE NO APPROPRATNG $21, FROM THE MPROVEMENT FUND TO PAY THE STATE OF MSSOUR'S SHARE OF THE TOTAL COSTS FOR THE CONSTRUCTON OF STORM SEWERS N UPPER RUPRECHT STORMWATER PROJECT (P-18762). N THE CTY OF BELLA VLLA. MSSOUR. Proposed Ordinance No was presented and read, appropriating $21, from the mprovement Fund to pay the State of Missouri's share of the total costs for the construction of storm sewers in Upper Ruprecht Stormwater Project (P-18762), in the City of Bella Villa, Missouri. This ordinance appropriates funds to reimburse the Ctty of Bella Villa for the State of Missouri's share of the Upper Ruprecht Stormwater Project. This project is located south of Bayless Road and east of nterstate 55. This project consists of the construction of approximately 740 lineal feet of 12 inch to 15 inch diameter storm sewer pipe and appurtenances. The total cost of this project is $77, This project was administered by the City of Bella Villa and was reviewed, approved and inspected by the Distrtct. NTRODUCTON AND ADOPTON OF PROPOSED ORDNANCE NO APPROPRATNG $15.00 FROM THE MPROVEMENT FUND TO PAY THE STATE OF MSSOUR'S SHARE OF THE TOTAL COSTS FOR THE CONSTRUCTON OF STORM SEWERS N HUMES LANE DRANAGE PROJECT (P-18601). N THE CTY OF FLORSSANT. MSSOUR. Proposed Ordinance No was presented and read, appropriating $15.00 from the mprovement Fund to pay the State of Missouri's share of the total costs for the construction of storm sewers in Humes Lane Drainage Project (P-18601), in the City of Florissant, Missouri. This ordinance appropriates funds to reimburse the City of Florissant for the State of Missouri's share of the Humes Lane Drainage Project. This project is located north of Mullanphy Lane and east of Shackelford Road. This project consists of the construction of approximately 591 lineal feet of 12 inch to 18 inch diaraeter storm sewer pipe and appurtenances. The total cost of this project is $73, This project was administered by the Ctty of Florissant, and was reviewed, approved and inspected by the District. NTRODUCTON AND ADOPTON OF PROPOSED ORDNANCE NO APPROPRATNG $25.00 FROM THE MPROVEMENT FUND TO PAY THE STATE OF MSSOUR'S SHARE OF THE TOTAL COSTS FOR THE CONSTRUCTON OF STORM SEWERS N SEBERT PARK-GRAND GLAZE CREEK BANK STABLZATON PROJECT (P-18683). N THE CTY OF MANCHESTER. MSSOUR. Proposed Ordinance No was presented and read, appropriating $25.00 from the mprovement Fund to pay the State of Missouri's share of the total costs for the construction of storm sewers in Siebert Park-Grand Glaize Creek Bank Stabilization Project (P-18683), in the City of Manchester, Missouri. This ordinance appropriates funds to reiraburse the City of Manchester for the State of Missouri's share of the Siebert Park-Grand Glaize Creek Bank Stabilization project. This project is located south of Manchester Road and west 10

11 of New Meramec Station Road. This project consists of the construction of approximately 265 lineal feet of bank stabilization and appurtenances. The total cost of this project is $103, This project was administered by the City of Manchester, and was reviewed, approved and inspected by the District. NTRODUCTON AND ADOPTON OF PROPOSED ORDNANCE NO VACATNG A PORTON OF A' SEWER EASEMENT N LOT 7 OF SHERWYN LANE SUBDVSON, N ST. LOUS COUNTY, MSSOUR. Proposed Ordinance No was presented and read, vacating a portion of a sewer easement in Lot 7 of Sherwyn Lane Subdivision, in St. Louis County, Missouri. A portion of the garage on Lot 7 of Sherwyn Lane Subdivision is on an easement the property owners gave to MSD for improvement of a creek in their yard. The owners are requesting vacation of a portion of the easement, which ts in conflict with their garage. There are no sewers in the easement to be vacated. Motion made by Mr. Deeba, seconded by Mr. Carney, for unaniraous consent of all members present for introduction and final voting on proposed Ordinance Nos through at this meeting. No discussion. Motion passed - 4 ayes, no nays. Poll taken: T. M. Carney - aye T. A. Matheny - aye C. M. Deeba - aye D. T. Jones - aye Motion made by Mr. Deeba, seconded by Mr. Carney, Ordinance Nos through be adopted. that proposed No discussion. Motion passed - 4 ayes, no nays. Poll taken: T. M. Carney - aye T. A. Matheny - aye C. M. Deeba - aye D. T. Jones - aye The Chairman declared proposed Ordinance Nos through adopted, and they were assigned Ordinance numbers as follows: Proposed Ord. No. Final Ord. No '

12 NTRODUCTON AND ADOPTON OF PROPOSED ORDNANCE NO AMENDNG ORDNANCE NO. 9030, AS ADOPTED JUNE 16, 1993, BY REPEALNG SECTON NNE OF SAD ORDNANCE, AND ENACTNG A NEW SECTON NNE N LEU THEREOF, CONTNUNG A FLAT RATE MONTHLY STORMWATER SERVCE CHARGE. Proposed Ordinance No was presented and read, amending Ordinance No. 9030, as adopted June 16, 1993, by repealing Section Nine of said Ordinance, and enacting a new Section Nine in lieu thereof, continuing a flat rate monthly Stormwater Service Charge. Mr. Carney indicated that he would have to vote for this ordinance, because what the District was trying to do would not work legally. He further emphasized that voting for this ordinance did not change his commitment to change the inequities. Mr. Deeba also concurred noting that we are prohibited from levying these fees due to the Supreme Court decision and that hopefully the District can move forward with an election which the public will support. Mr. Matheny indicated that the Distrtct was attempting to rectify the long term problems and that this delay was just putting off the inevitable. He felt that the Dtstrict needed to move forward and he would like to see this issue a ballot issue and that the District needs to obtain a meaningful rate. Motion made by Mr. Carney, seconded by Mr. Matheny, for unanimous consent of all members present for introduction and final voting on proposed Ordinance No at this meeting. No discussion. Motion passed - 4 ayes, no nays. Poll taken: T. M. Carney - aye T. A. Matheny - aye C. M. Deeba - aye D. T. Jones - aye Motion made by Mr. Carney, seconded by Mr. Matheny, that proposed Ordinance No be adopted. No discussion. Motion passed - 4 ayes, no nays. Poll taken: T. M. Carney - aye T. A. Matheny - aye C. M. Deeba - aye D. T. Jones - aye The Chairman declared proposed Ordinance No be adopted, and it was assigned Ordinance No NTRODUCTON AND ADOPTON OF PROPOSED ORDNANCE NO APPROPRATNG $25.00 FROM THE MPROVEMENT FUND TO PAY THE STATE OF MSSOUR'S SHARE OF THE TOTAL COSTS FOR THE CONSTRUCTON OF STORM CHANNELS N CARTER COURT STORMWATER PROJECT (P-18792). N THE CTY OF OLVETTE. MSSOUR. Proposed Ordinance No was presented and read, appropriating $25.00 from the mprovement Fund to pay the State of Missouri's share of the total costs for the construction of storm channels in Carter Court Stormwater Project (P-18792), in the City of Olivette, Missouri. This ordinance appropriate funds to reimburse the City of Olivette for the State of Missouri's share of the Carter Court Storrawater project. This project is located north of Olive Boulevard and west of Dielman Road. This 12

13 project consists of the construction of approximately 299 lineal feet of storm channel improvement and appurtenances. The total cost of this project is $75, This project was administered by the City of Olivette and was reviewed, approved and inspected by the District. NTRODUCTON AND ADOPTON OF PROPOSED ORDNANCE NO APPROPRATNG $36, FROM THE MPROVEMENT FUND TO PAY THE STATE OF MSSOUR'S SHARE OF THE TOTAL COSTS FOR THE CONSTRUCTON OF STORM CHANNELS N FDDLE CREEK - LAUREL LAKE CT. STORMWATER PROJECT (P-1B866). N THE CTY OF TOWN & COUNTRY. MSSOUR. Proposed Ordinance No was presented and read, appropriating $36, from the mprovement Fund to pay the State of Missouri's share of the total costs for the construction of storm channels in Fiddle Creek - Laurel Lake Ct. Stormwater Project (P-18866), in the City of Town & Country, Missouri. This ordinance appropriates funds to reimburse the City of Town and Country for the State of Missouri's share of the fiddle Creek - Laurel Lake Court Stormwater project. this project is located north of Manchester Road and east of Mason Road. This project consists of the construction of approximately 400 lineal feet of channel improvement and appurtenances. The total cost of this project is $108, This project was adrainistered by the City of Town and Country, and was reviewed, approved and inspected by the District. NTRODUCTON AND ADOPTON OF PROPOSED ORDNANCE NO APPROPRATNG $9, FROM THE MPROVEMENT FUND TO PAY THE STATE OF MSSOUR'S SHARE OF THE TOTAL COSTS FOR THE CONSTRUCTON OF STORM SEWERS N OAK PARK DRANAGE PROJECT (P ). N THE CTY OF CREVE COEUR. MSSOUR. Proposed Ordinance No was presented and read, appropriating $9, from the mprovement Fund to pay the State of Missouri's share of the total costs for the construction of storm sewers in Oak Park Drainage Project (P ), in the City of Creve Coeur, Missouri. This ordinance appropriates funds to reimburse the City of Creve Coeur for the State of Missouri's share of the Oak Park Drainage Stormwater project. This project is located south of Ladue Road and West of Spoede Road. This project consists of approxiraately 195 lineal feet of 18 inch to 37 inch storm sewer pipe and appurtenances. The total cost of this project is $28,833.00, This project was administered by the City of Creve Coeur, and was reviewed, approved and inspected by the District. Motion made by Mr. Carney, seconded by Mr. Matheny, for unanimous consent of all members present for introduction and final voting on proposed Ordinance Nos , and at this meeting. No discussion. Motion passed - 4 ayes, no nays. Poll taken: T. M. Carney - aye T. A. Matheny - aye C. M. Deeba - aye D. T. Jones - aye Motion made by Mr. Carney, seconded by Mr. Matheny, that proposed Ordinance Nos , and be adopted. No discussion. Motion passed - 4 ayes, no nays. 13

14 Poll taken: T. M. Carney - aye T. A. Matheny - aye C. M. Deeba - aye D. T. Jones - aye The Chairman declared proposed Ordinance Nos , and adopted, and they were assigned Ordinance numbers as follows: Proposed Ord. No. Final Ord. No ADOPTON OF RESOLUTON NO EXPRESSNG THE BOARD OF TRUSTEES' APPRECATON TO JAMES VY FOR HS 23 YEARS OF EXEMPLARY SERVCE TO THE DSTRCT FROM APRL 8, 1970 TO HS RETREMENT EFFECTVE JANUARY 1, Resolution No was presented and read, expressing the Board of Trustees' appreciation to James vy for his 23 years of exemplary service to the District from April 8, 1970 to his retirement effective January 1, ADOPTON OF RESOLUTON NO AUTHORZNG ENCROACHMENT OVER A PUBLC SANTARY SEWER N LOTS 7, 8, 10, 11, 14 AND 15 OF THE TERRACES AT WOODS MLL COVE PLAT 2, N ST. LOUS COUNTY. MSSOUR. Resolution No was presented and read, authorizing encroachment over a public sanitary sewer in Lots 7, 8, 10, 11, 14 and 15 of The Terraces at Woods Mill Cove Plat 2, in St. Louis County, Missouri. The developer wishes to construct a masonry retaining/garden wall which will encroach over an 8 inch sanitary sewer and easement. They are requesting approval for the encroachment. The sewer in the easement is in good condition and they have signed the "License to Encroach" agreement. Motion made by Mr. Matheny, seconded by Mr. Carney, that Resolution Nos and 2122 be adopted. No discussion. Motion passed - 4 ayes, no nays. Poll taken: T. M. Carney - aye T. A. Matheny - aye C. M. Deeba - aye D. T. Jones - aye PLAN APPROVAL Mr. Etwert stated that the staff has reviewed these plans and recommends their approval. NFRASTRUCTURE REPAR #019 CLAYTON (P744') This project, designed by the District's engineering staff, is to eliminate an inadequate sewerage pumping facility. t consists of approximately 830 feet of 8 inch diameter sanitary sewer from Clayton Road, west of Valley Road, northwest to the existing sanitary sewer. The estimated cost is $133,

15 NFRASTRUCTURE REPAR #098 (MANTENANCE) This project, designed by the District's engineering staff, is to repair existing inlets, manholes and pipes at 6 locations in the City of St. Louis. The estimated cost is $ NFRASTRUCTURE REPAR #099 (MANTENANCE) This project, designed by the District's engineering staff, is to repair existing inlets, manholes and pipes at 6 locations in the City of Bellefontaine Neighbors. The estimated cost is $50.00, NFRASTRUCTURE REPAR #105 (MANTENANCE) This project, designed by the District's engineering staff, is to repair existing inlets, manholes and pipes at 7 locations in the Cities of Berkeley, Ferguson, Florissant, Hazelwood, St. John and unincorporated St. Louis County. The estimated cost is $ NFRASTRUCTURE REPAR #106 (MANTENANCE) This project, designed by the District's engineering staff, is to repair existing inlets, manholes and pipes at 8 locations in the City of St. Louis. The estimated cost is $ NFRASTRUCTURE REPAR #107 fmantenance) This project, designed by the District's engineering staff, is to repair existing inlets, manholes and pipes at 8 locations in the City of Bellefontaine Neighbors. The estimated cost is $ NFRASTRUCTURE REPAR #108 (MANTENANCES This project, designed by the District's engineering staff, is to repair existing inlets, manholes and pipes at 8 locations in the City of St. Louis. The estimated cost is $ NFRASTRUCTURE REPAR #114 (MANTENANCE) This project, designed by the District's engineering staff, is to repair existing pipes and structures in the Cities of Town & Country, Ellisville and Manchester. The estimated cost is $ NFRASTRUCTURE REPAR #123 (MANTENANCE) This project, designed by the District's engineering staff, is to repair pipes and structures in the City of Kirkwood and unincorporated St. Louis County. The estimated cost is $

16 ALDEN AND CHLTON LANE CHANNEL MPROVEMENT (90263) This project, designed by the District's engineering staff, is to alleviate damage to property due to erosion. t consists of approximately 134 feet of reinforced concrete box culvert ranging in size from a double 9.5 foot wide by 7.5 foot high culvert to a 10 foot wide by 7.5 foot high culvert, 692 feet of reinforced concrete vertical wall channel, ranging in size from 6 feet wide by 9 feet high to 24 feet wide by 7.25 feet high and appurtenances. Motion made by Mr. Matheny, seconded by Mr. Carney, that the above listed plans be approved. No discussion. Motion passed - 4 ayes, no nays. Mr. Deeba requested that the floor be opened to discuss the urgent matters facing the District. Mr. Carney expressed his position that the District would need to go for a vote, but should not rescind the old rate. He felt that the District would have a reasonably good chance in defending this rate in court, especially since it is not being billed in advance and it is based on usage. He cautioned that an election would be a difficult sell and was not in favor of an April election, because he felt it would be too soon, but favored a June election. Mr. Jones called upon Mr. Kriz regarding the timing for an April election. Mr. Kriz indicated that February 8th was the deadline for an April election and also recounted the processes the District would have to go through. He further explained that if the District did not suspend the rules regarding the 15 days, then the latest the District could approve an April election is January 24th. Mr. Deeba favored moving forward for an election as soon as possible and felt that if we waged a concerted campaign and properly informed the people then they would rally to support the District's efforts. Mr. Jones questioned if the District could run an effective campaign. Mr. Deeba indicated that if the District put forth an equitable measure and obtained the cooperation and commitment frora key community leaders coupled with the help of the citizen groups, then the District could win an election. Mr. Jones favored going forward as soon as possible so long as the District could run an effective campaign. f the District could not run an effective campaign for April, then the District should move for a June election in that he did not see a great difference between these two months. Mr. Matheny expressed his concern and felt that the public needs to be inforraed on the impact of a rate reduction and that no raaintenance could be performed whatsoever. Mr. Kriz explained that if the District had a rate that was not sufficient to meet its needs, it would have to cease any construction activity and just operate the existing system. Maintenance would be on an emergency basis 16

17 only. The District must strive to continue treating the water, because there could be potential civil and criminal action under the District's NPDES permit. Mr. Matheny questioned what the ramifications would be if the District violated its NPDES.permit relative to paying back Federal grants. Mr. Kriz indicated that the District could potentially have to pay back as much as $300 million for being in violation. Mr. Deeba indicated that this issue is relatively a moot point since the District would not have the funds to do this. Mr. Matheny was in favor of the District continuing to collect the 1993 rate. He recognized that it could draw a lawsuit. However, He felt that this rate was different in its computational basis as compared to the 1992 rate and that the District needed the funds to complete the necessary projects for the ratepayers. Mr. Jones questioned how long the District could operate if it reverted to the $4.18 rate. Mr. Kriz replied that the District could operate through the next fiscal year, but would have to cut services. t's sole emphasis would be on the treatraent of wastewater. Any new construction projects would corae from the special taxing subdistricts. Mr. Matheny indicated that he was in favor of developing a ballot issue and emphasized that there is a lot of work there to be done. Mr. Carney concurred that the District should develop a ballot issue and recognized that the District has both a hiring freeze and developed a contingency plan, but emphasized that the District needs to take additional steps, such as not buying new equipment and not repairing equipment unless it is done on an emergency basis. He stressed the District should save where it can. Mr. Kriz responded that the District already has a hiring freeze in effect, has stopped the purchase of new equipment and is only repairing equipment on an eraergency basis. He reiterated his position that the District's sole priority will be to meet the NPDES permit requirements. Mr. Deeba indicated that Messrs. Matheny and Carney were in favor of retaining the 1993 rate. As such, he felt that the District should both continue to collect the funds and use the funds for the purpose for which they were intended, emphasizing that it would be misleading to the public to collect but save these funds. There was a general Board discussion where Messrs. Matheny and Carney took the position that the District would be prudent to continue billing the existing rate, but save as much funds as possible for future contingencies. More specifically, they felt that it would be prudent for the District to last as long as possible. The District could lose another lawsuit, an election, and they did not feel it prudent for the District to turn to the Federal courts to bail us out. Messrs. Jones and Deeba reiterated their position that the District should spend the monies for which they inforraed the public that they were to be used for and that if the District could not get the public to ratify it by July 1, 1995, then the District would be facing a very serious problem. Mr. Matheny emphasized that the Board on an ongoing basis has the right to review the expenditures on a monthly basis as part of the agenda and reiterated his position that the District should save as much money as possible to plan for future uncertainties. 17

18 Mr. Carney brought to the floor the issue of structuring a ballot issue and asked Mr. Deeba his feeling regarding a flat versus usage based rate. Mr. Deeba replied that from a theoretical perspective he preferred a usage based rate in that a flat rate is not equitable. However, given the circumstances the District faces he is in favor of a moderate flat rate. He indicated that he is leaning towards a moderate flat rate due to the results of the litigation, the impact of metering the City residents, and the hardship already faced by certain City customers. He then went on to point out that the District definitely has the need for the funds to keep the sewer system functioning. Mr. Carney brought up the topic of the cost to run a credible campaign. Messrs. Kriz and Briggs indicated that the 1988 campaign cost approximately $600 and that a similar effort in 1994 would cost approximately $750. There was some questions raised as to the amount of money spent on professional services and television for the 1988 campaign. Mr. Briggs indicated that less than $100 was spent on professional services and that the bulk of the monies were spent on buying television tirae. There was some discussion as to the amount of raoney the District could raise. Mr. Briggs felt that the District could raise between $100 to $150 for an April campaign. There was a general discussion on the merits from a cost standpoint of an April versus June ballot issue. Mr. Briggs pointed out that the County cost should be less for an April election, because of the various municipal issues, but the City cost would be approximately $200. For a June ballot issue the City School Board would be on the ballot, so the cost of the ballot in the City would be reduced. However, there would be few County issues, which would raise the cost of the County ballot. n general, the District spent approximately $225 for the 1988 campaign where there were other issues on the ballot, and approximately $500 for the February 1990 campaign where the District was the sole issue on the ballot. Mr. Matheny favored running a low budget campaign. Mr. Deeba reiterated that if the District got the commitment of the citizens and a concerted City effort, he felt that a successful campaign could be waged. There was a general Board discussion on whether to move forward with a ballot issue that contained a flat rate charge. Messrs. Jones and Deeba preferred a flat rate charge because it was more saleable to the City residents. Messrs. Matheny and Carney preferred a usage based charge. Mr. Carney indicated that if a flat rate was more saleable to City residents, then the idea of moving forward with a flat rate had merit. Mr. Etwert noted that the flat rate charge would be $15.04 a month. Mr. Byrne emphasized that whatever rate would be voted on needed to be approved by DNR on behalf of EPA and that their criteria is that this rate must be fair and equitable to the various user rate classes. He also noted that if the District moved forward with a bifurcated rate, that is a different computation used for City and County residents, such a rate could draw criticism. Mr. Deeba noted that the only two feasible dates for the District to move forward with a ballot issue would be April or June. The Board agreed to study the issue and meet as soon as possible.

19 Motion made by Mr. Carney, seconded by Mr. Matheny, that the meeting be adjourned. Meeting adjourned at 5:30 P.M. Secretary-Treasurer 19

20 SUMMARY CLFF CAVE DRANAGE PRESENTATON At the request of the MSD Board of Trustees, staff has prepared a response to the question of allowing drainage to sinkholes and particularly, the effect of drainage from Clifton Oaks subdivision on the flooding of Cliff Cave. The Clifton Oaks subdivision is a 15 acre tract located just south of Cliff Cave Park. t is part of 642 acres that are tributary to the creek at the entrance of the cave. (See attached exhibit). Clifton Oaks is 2.3% of the total overland tributary drainage area. This area is heavily populated with sinkholes, that if blocked, would eventually drain to the creek outside the cave entrance. Another 384 acres could be tributary to the cave through underground drainage from sinkholes in this area. This makes a total of 1,026 acres of drainage area that could possibly be tributary to the cave entrance. f Clifton Oaks is fully developed, it will generate approximately 3 6 cfs or about 10 cfs more than before it was developed. The total drainage area could generate about 1,400 cfs overland or 2,250 cfs through the cave. Comparing the increase in runoff from the Clifton Oaks subdivision to the total drainage runoff, the added flow is insignificant to the total flow. t is the policy of MSD and St. Louis County to direct runoff where 20

21 it naturally flows, including sinkholes. There was no change to the natural stormwater runoff in the design of Clifton Oaks subdivision. n summary, it appears that the design of Clifton Oaks drainage met District and County policies, and we believe those policies make reasonable and natural use of sinkholes for drainage relief. 21

22 Tributary Drainage Area 642 AC. CLFF CAVE STUDY (Shaded Area) Tributary Sinkhole Area 384 AC. (Hatched Area) Clifton Oaks Subd. 15 AC Total Acres T.D.A. 642 AC. T.S.A. 384 AC. C. Oak (15 AC. ncluded in T.D.A.) 1026 AC. Clifton Oaks 2.3% of T.DA. 1.5% of Total Area 22

23

24 METROPOLTAN ST. LOUS SEWER DSTRCT CLEAN WATER CAPTAL MPROVEMENT TRUST FUND FNANCAL STATEMENTS (UNAUDTED) NCEPTON TO-DATE (January 12, 1994) 24

25 Table of Contents Metropolitan St. Louis Sewer District Clean Water Capital mprovement Trust Fund Financial Statements (Unaudited) nception to-date (January 12, 1994) Page No. ntroduction 1 Financial Statements (Unaudited) Balance Sheet 3 Statement of Revenues, Expenditures & Changes in Fund Balance 4 Statement of Cash Flows 5 Statement of Construction & Engineering Contracts in Progress: Contracts in Ordinance No. Sequence 6-8 Contracts Grouped by Major Project